Kent v. Ellis

Kent v. Ellis

Where title in a conversion action depends on a contract void or unenforceable under the Statute of Frauds, a defendant who is not a party to that contract may rely on the statute to defeat the plaintiff's claim without having pleaded it; plaintiff failed to prove an unquestionable title (no payment, delivery or writing), so appeal dismissed.

Citation
(1900) 31 SCR 110
Parties
Appellant / Plaintiff: James P. Kent; Respondent / Defendant: Lorenzo Ellis
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 December 1900
Procedural Posture
Civil Appeal (conversion of Goods) / Final Judgment on Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.
Legal Topics
Conversion, Statute of Frauds, Title to Goods, Bill of Sale, Purchase for Value Without Notice, Pleading and Amendment
Source Language
English
Civil Procedure Property Law Contract Law Equity Conversion Statute of Frauds Title to Goods Bill of Sale +2 more

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Parties

James P. Kent

Appellant / Plaintiff

Lorenzo Ellis

Respondent / Defendant

Procedural Posture

Civil Appeal (conversion of Goods) / Final Judgment on Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether a defendant who is a stranger to a underlying contract can rely on the Statute of Frauds to defeat a plaintiff's title in an action for conversion without having pleaded it
  2. 2 Whether plaintiff proved an unquestionable title to the goods where title depended on an unfiled bill of sale and there was no payment, delivery or writing
  3. 3 Whether equitable principles require actual payment or part payment to establish bona fides of a purchase for value without notice under local statute

Ratio Decidendi

Where title in a conversion action depends on a contract void or unenforceable under the Statute of Frauds, a defendant who is not a party to that contract may rely on the statute to defeat the plaintiff's claim without having pleaded it; plaintiff failed to prove an unquestionable title (no payment, delivery or writing), so appeal dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Supreme Court of Nova Scotia (32 N. S. Rep. 549) affirmed